When Your Children Divorce-Your Rights as a Grandparent in Texas
When your child divorces, particularly when they don't get custody of their minor children, you can be put in the most heartbreaking position of all. You love your grandchildren like they were your own children. You have built strong bonds, and a relationship that provides security, joy and meaning for both of you. All that can end in an instant. Furthermore, because you are not a party to the divorce, you can find it difficult to pursue legal action to protect your relationship. This blog post addresses the rights of grandparents after divorce proceedings in Texas.
Your Right of Reasonable Access
In the state of Texas, a grandparent can seek custody of a minor grandchild, but must demonstrate to the court that granting such custody is in the best interests of the child. Visitation may be given to grandparents under the same standards, provided that one of the following situations exists:
- The child's parents are divorced
- The child has been neglected or abused by one or both of the parents
- A parent is dead, incarcerated or incompetent
- The court has terminated the rights of one or both of the parents
- The child as resided in the grandparent's home for at least six months
If the parent of a child has denied a grandparent access to a grandchild, the presumption in Texas is that the parent is acting in the best interests of the child. A grandparent may overcome this presumption by demonstrating that a denial of access would "significantly impair the child's physical health or emotional well-being."
Contact the Law Offices of Pfister Borserine & Associates
At Pfister Borserine & Associates, we bring more than 20 years of experience to men and women throughout north Texas. Attorney John Pfister is board-certified in family law by the Texas Board of Legal Specialization. We understand that every case is unique, and take the time to learn the details of your situation, so that we can formulate a specific strategy to get the outcome you want. We offer experienced and successful trial counsel, or can help you to resolve your family law differences through alternative means, including negotiated settlements or mediation.